Return of dowry

Dowry refund claim

Because the dowry refund lawsuit is one of the financial lawsuits, according to the limit of proceedings in the Dispute Resolution Council, which is 20 million Tomans, it is possible to file and prosecute a dowry refund lawsuit by referring to the Dispute Resolution Council.

The competent court to deal with the request for the return of dowry is the family court, and the way to claim it is by filing a petition. Normally, in custom, when the dowry is handed over, a list of the aforementioned properties is prepared and signed by those present, especially the husband, which is very important in facilitating the return of the dowry in court. By presenting the dowry form to the court with the couple’s signature under it, there is no room for doubt and it prevents conflict or confusion between the parties in the courts. If the property list is not available, the wife who wants dowry must present to the court the reasons for what items she took to the husband’s house. One of these reasons is the testimony of witnesses, who certainly do not have accurate information about the details of the devices. The reasons and documents that the wife presents to the court are the list of properties and the testimony of the people who saw the dowry and its transfer to the husband’s house and are willing to testify in the court.

According to the decisions of the Supreme Court, having a dowry receipt from the man is not enough to demand it alone, but the woman must prove that the dowry remains in the man’s house. The effect of the receipt of dowry is the survival of the dowry and the man cannot claim ownership of it.

Dowry duty after divorce

In most cases, after a dispute arises between the spouses, each of them uses legal or illegal levers to bring the other party to his knees, one of these pressure levers is dowry. If, according to the court ruling, the husband is convicted of selling dowry as selling other people’s property, in addition to the prescribed punishment for fraud, he is obliged to return the same property or, in the absence of the same property, such as the property or its price, to the wife, and for this there is no need to file a legal lawsuit.

According to the law, couples who intend to divorce and separate must go to court to resolve their dispute, and the court is obliged to refer the issue of their dispute to two arbitrators if it is not resolved. One of the issues that the judges of the couple must deal with is resolving the issue of dowry, and even if a certificate of impossibility of reconciliation is issued, the implementation of the divorce decree will be postponed until the payment of the woman’s sharia rights, including her dowry.

By law, the husband is not allowed to sell the wife’s dowry because the property belongs to the wife and the husband has the right to use the property only for the duration of the cohabitation, not to sell it. This is while the woman has the right to take this property out of the cohabitation, because this property belongs to her and every owner has the right to have any encroachment on her property, but sometimes it happens that some men act they sell their wives’ dowries, but the legislature’s response to this illegal act is as follows: Although with the sale of this property by the husband, she is responsible for compensating and returning the same or the like or their price, but because there is no time relationship between husband and wife, the sale of this property by the husband is not considered infidelity. Receiving a signature from the couple in the dowry list does not prove the trust relationship between the two, but only to prove ownership of them so that it can be cited in the event of a dispute. Of course, the sale of this property by the husband can be considered by the prosecutor and the court as the sale of non-property. According to the law, couples who intend to divorce and separate must go to court to resolve their dispute, and the court is obliged to refer the issue of their dispute to two arbitrators if it is not resolved. One of the issues that the judges of the couple must deal with is resolving the issue of dowry, and even if a certificate of impossibility of reconciliation is issued, the implementation of the divorce decree will be postponed until the payment of the woman’s sharia rights, including her dowry. If, according to the court ruling, the husband is convicted of selling dowry as selling other people’s property, in addition to the prescribed punishment for fraud, he is obliged to return the same property or, in the absence of the same property, such as the property or its price, to the wife, and for this there is no need to file a legal lawsuit. However, if a woman wants to pursue the issue of the sale of someone else’s property with a criminal complaint, she must file a complaint in the court where the crime occurred, that is, the court where the dowry was sold. Plan and erect the residence of the couple.

You can contact Asia Lawyers Group to file a lawsuit for dowry refund, so that our consultants and lawyers will accompany you with the best guidance in reaching the final goal.